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6. Conditional Use Permit - HagestadPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Jane Howington, City Manager SUBJECT Hagestad - Conditional Use Permit to expand a contractor's storage yard at 1020 W. Center Street MEETING DATE: November 7, 2011 BACKGROUND: The Kalispell City Planning Board met on October 11, 2011 and held a public hearing to consider a request by Edward (Mick) Hagestad for a conditional use permit to allow the construction of a 40' x 70' (2,800 square foot) building to be used for the storage of equipment and materials associated with the painting business currently occupying the property. The property is zoned B-2 (General Business) which requires a conditional use permit for the use of the property as a contractor's storage yard. This would include using a building for the storage of equipment and materials associated with a contractor's business. The property is located at 1020 West Center Street, on the south side of the street, approximately 250 feet east of the intersection of South Meridian Road and West Center Street. The property is approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract 5DEA located in Section 18, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. Kalispell Planning Department staff presented staff report #KCU-11-03 providing details of the proposal and the evaluation. Planning staff reviewed the conditional use permit request for the new building and noted that there were no real issues with the proposed building but there has been an on- going issue with part of the painting operation. The neighboring property owner to the east brought to staff s attention that as part of the general operation of the painting business they do outdoor painting and staining from time -to -time just outside the existing building. The location of the painting and staining is about 50 feet from the neighboring property owner's house. The neighboring property owner was requesting all painting and staining be conducted indoors. Based on the concerns from the neighbor staff felt when the new building is constructed it was appropriate to require outdoor painting or staining to be located further to the west and south of the existing building. Mr. Conrad recommended the board hold the public hearing and then consider the outdoor painting issue and whether it is appropriate to require all or a portion of the painting and staining operations be conducted inside or moved to the west behind the existing building as recommended in condition #2. During the public hearing Mick Hagestad and Kelson Ramey, both of Hagestad Painting, spoke in favor of the proposed project. They shared with the board the painting operations conducted on the project site and discussed with the board the options of moving the outdoor painting to the southwest corner of the property or indoors. Cathy Fabel, neighboring property owner to the east of the project site, also spoke to the board. She expressed her concerns of the current outdoor painting area and its proximity to her home, immediately east of the site. She explained to the board that when they are spraying the paint it is right next to her fence and lands directly on the other side of the fence in her yard. While painting the workers are wearing protection but there is no protection or mitigation of fumes for her and her family. Mrs. Fabel stated that she did not have a problem with Mr. Hagestad expanding his business but she would like to see all painting on the site required to be indoors. The board discussed the outdoor painting issue after hearing testimony from both the applicant and neighbor. The planning board's discussion centered on the fact that the permit request before them is to expand a contractor's storage yard by adding a new shop building on the property. The board recognized Mrs. Fabel's concerns but conducting outdoor painting had been going on for decades on the property. The planning board felt that recommending the painting area be relocated to the southwest corner of the property (condition # 2) was about as far as the board could go on addressing the outdoor painting issues. The planning board then voted unanimously that the city council approve the conditional use permit with the 5 attached conditions. After the planning board meeting the applicant, Mick Hagestad, and the Fabels met to discuss what could be done regarding the outdoor painting. During a meeting on Friday, October 21St at the planning department's conference room Mr. Hagestad agreed to install an indoor paint booth. Mr. Hagestad still wanted the opportunity to conduct some painting outside but agreed that it would be conducted in the southwest corner of the property, south of the existing building. Based on this meeting, Mr. Hagestad is requesting the city council consider amending condition number 2 as follows: 2. A painting/staining booth shall be installed in either the existing or proposed building The paint booth shall meet all applicable building and fire codes. T T Pon eempletiefi. After the paint booth is installed of the new building a11 outside painting of materials shall be conducted in the southwest corner of the property, on the south side of the existing building, using primarily water based paints. RECOMMENDATION: ATION: A motion to approve Conditional Use Permit KCU-11-03 with the five conditions, including the above amendments to condition no. 2, would be in order. FISCAL EFFECTS: The approval of the conditional use permit would have minimal fiscal effects to the city. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Jane Howington Senior Planner City Manager Report compiled: November 1, 2011 c: Theresa White, Kalispell City Clerk Vol In MUNIN we ► M,10101110EIM The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on October 11, 2011. The following conditions are recommended with approval of the conditional use permit: On -going conditions: 1. That conrnnencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. Upon completion of the new building all outside painting and staining of materials shall be conducted in the southwest corner of the property, on the south side of the existing building. 3. If a security gate is used on the property the owner shall install a Knox Lock at the gate in a location approved by the Kalispell Fire Department. Prior to the issuance of a building permit: 4. A parking lot plan drawn in accordance with section 27.24.030(3) of the zoning ordinance shall be submitted prior to the issuance of a building permit. The plan shall also include an approximate time for parking lot paving. The parking lot plan shall be reviewed and approved by the planning department. 5. A stormwater management plan designed in accordance with the city's stormwater standards shall be submitted to the public works department for review and approval. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 Cif:7_MI 907Y[r7/0►ii7YY t I: YlY7► APPLICANT: Edward (Mick) Hagestad PO Box 7111 Kalispell, MT 59904 LEGAL DESCRIPTION: Assessor's Tract 5DEA located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to expand a contractor's storage yard in the B-2, General Business, district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on October 11, 2011, held a public hearing on the application, took public comment and recommended that the application be approved subject to certain conditions. After reviewing the application, the record, the KPD report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-11-03 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to expand a contractor's storage yard in the B-2 zoning district subject to the following conditions: On -going conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. Upon completion of the new building all outside painting and staining of materials shall be conducted in the southwest corner of the property, on the south side of the existing building. 3. If a security gate is used on the property, the owner shall install a Knox Lock at the gate in a location approved by the Kalispell Fire Department. Prior to the issuance of a building permit: 4. A parking lot plan drawn in accordance with Section 27.24.030(3) of the zoning ordinance shall be submitted prior to the issuance of a building permit. The plan shall also include an approximate time for parking lot paving. The parking lot plan shall be reviewed and approved by the Planning Department. 5. A stormwater management plan designed in accordance with the city's stormwater standards shall be submitted to the Public Works Department for review and approval. Dated this 7th day of November, 2011. 0 . ss County of Flathead Tammi Fisher Mayor On this day of , 2011 before me, a Notary Public, personally appeared Tammi Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Printed Name: Residing at Kalispell, Montana My Commission Expires PLANNING FOR THE PUI LIRE October 31, 2011 Jane Howington, City Manager City of Kalispell 201 First Avenue East Kalispell, MT 59901 Planning Department 2011" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning Re: Hagestad — Conditional Use Permit to expand a contractor's storage yard Dear Jane: The Kalispell City Planning Board met on October 11, 2011 and held a public hearing to consider a request by Edward (Mick) Hagestad for a conditional use permit to allow the construction of a 40' x 70' (2,800 square foot) building to be used for the storage of equipment and materials associated with the painting business currently occupying the property. The property is zoned B-2 (General Business) which requires a conditional use permit for the use of the property as a contractor's storage yard. This would include using a building for the storage of equipment and materials associated with a contractor's business. The property is located at 1020 West Center Street, on the south side of the street, approximately 250 feet east of the intersection of South Meridian Road and West Center Street. The property is approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract 5DEA located in Section 18, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. Sean Conrad, of the Kalispell Planning Department, presented staff report #KCU-11-03 providing details of the proposal and the evaluation. Mr. Conrad reviewed the conditional use permit request for the new building and noted that there were no real issues with the proposed building but there has been an on -going issue with part of the painting operation. The neighboring property owner to the east brought to staffs attention that as part of the general operation of the painting business they do outdoor painting and staining from time -to -time just outside the existing building. The location of the painting and staining is about 50 feet from the neighboring property owner's house. The neighboring property owner was requesting all painting and staining be conducted indoors. Based on the concerns from the neighbor staff felt when the new building is constructed it was appropriate to require outdoor painting or staining to be located further to the west and south of the existing building. Mr. Conrad recommended the board hold the public hearing and then consider the outdoor painting issue and whether it is appropriate to require all or a portion of the painting and staining operations be conducted inside or moved to the west behind the existing building as recommended in condition #2. During the public hearing Mick Hagestad and Kelson Ramey, both of Hagestad Painting, spoke in favor of the proposed project. They shared with the board the painting operations conducted on the project site and discussed with the board the options of moving the outdoor painting to the southwest corner of the property or indoors. Cathy Fabel, neighboring property owner to the east of the project site, also spoke to the board. She expressed her concerns of the current outdoor painting area and its proximity to her home, immediately east of the site. She explained to the board that when they are spraying the paint it is right next to her fence and lands directly on the other side of the fence in her yard. While painting the workers are wearing protection but there is no protection or mitigation of fumes for her and her family. Mrs. Fabel stated that she did not have a problem with Mr. Hagestad expanding his business but she would like to see all painting on the site required to be indoors. The board discussed the outdoor painting issue after hearing testimony from both the applicant and neighbor. The planning board's discussion centered on the fact that the permit request before them is to expand a contractor's storage yard by adding a new shop building on the property. The board recognized Mrs. Fabel's concerns but conducting outdoor painting had been going on for decades on the property. The planning board felt that recommending the painting area be relocated to the southwest corner of the property (condition # 2) was about as far as the board could go on addressing the outdoor painting issues. The planning board then voted unanimously that the city council approve the conditional use permit with the 5 attached conditions. Please schedule this matter for the November 7, 2011 regular city council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have questions regarding this matter. Sincerely, Kalispell City Planning Board 9 John Hinchey President Attachments: Letter of transmittal Staff Report #KCU-11-03 and supporting documents Draft minutes from the 10/11/2011 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Edward (Mick) Hagestad PO Box 7111 Kalispell, MT 59904 I �T- -1 ' fU-67-j TIR-TRYt-171-EMME 7-7-A-741—Vi KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU- 11-03 OCTOBER 5, 2011 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to expand a contractor's storage yard. A public hearing on this matter has been scheduled before the planning board for October 11, 2011 beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The owner, Mick Hagestad, purchased the property in approximately 1975. At that time the property had a small house on the north side, which has since been removed, and the rest of the property was vacant. Mr. Hagestad had a building constructed around 1976 to accommodate his painting business. The building is still on the property and he has been using the building and property since that time as a base for his painting business. Mr. Hagestad is requesting to construct an approximately 40'x 70'building on the west side of the property. The existing building will remain with the new building providing additional storage for equipment and supplies. The property is zoned B-2 (General Business) under the city's zoning ordinance. Contractor's storage yard is listed as a conditional use under the B-2 zoning. Although most of the storage of equipment and materials for the painting business will be inside the proposed building, the use of the property as primarily storage of paint materials and equipment, even within a building still falls under the definition of a contractor's storage yard. Therefore, the owner was informed he needed to receive a conditional use permit prior to the city issuing a permit to construct the building. Owner/ Petitioner: Edward (Mick) Hagestad PO Box 7111 Kalispell, MT 59904 (406) 752-4311 Size and Location: The property is located at 1020 West Center Street, on the south side of the street, approximately 250 feet east of the intersection of South Meridian Road and West Center Street. The property is approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract 5DEA located in section 18, Township 28 North, Range 21 West P.M.M Flathead County, Montana. Figure 1: View of the property from West Center Street. A. Summary of Request: Mr. Hagestad is proposing to construct a 40' x 70' (2,800 square foot) building to be used for the storage of equipment and materials associated with the painting business currently operating from the property. The painting business is housed within a building on the south side of the property which will remain. The proposed 2,800 square foot building would provide a small office area and bathroom on the north end of the building. The remaining portion of the building will house equipment and materials associated with the painting business. The building will be approximately 22 feet tall at the peak of the roof and include two entrance/exit doors and two 10'x 10' overhead roll -up doors. The exterior of the building will use 8" horizontal hardi lap siding with a 4:12 pitch roof. East of the proposed building the owner will be installing a paved parking lot and drive aisle. Landscaping is shown on the north side of the property between the proposed building and parking lot and West Center Street. Mr. Hagestad has also indicated future expansion plans to the property immediately south. These plans include leasing or purchasing an area approximately 66' x 108' to be used for a covered storage area and outside work area, weather permitting. This future expansion area is not part of the requested conditional use permit application. Should Mr. Hagestad pursue expanding his V, business south he will need to apply for either an administrative conditional use permit or standard conditional use permit depending on the size of the expansion area. B. Existing Land Use and Zoning: The property is zoned B-2 (General Business). The property is currently developed with one building, approximately 1,664 square feet in size, one 9' x 20' storage container and areas for outdoor storage and parking. C. Adjacent Land Uses and Zoning: The immediate area is characterized by single- family homes, commercial businesses and offices. Surrounding land uses reflect the mix of uses permitted in the B-2 and I-1 (Light Industrial) zoning districts. Figure 2: Aerial view of the property and adjacent land uses D. Relation to the Growth Policy: The current Kalispell City Growth Policy Map designates the project site as commercial, which provides the basis for the current B-2 zoning designation. The growth policy map lists uses such as retail, offices, services, mixed use and residential as generally being the uses found in the commercial land use designation. E. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell 3 Solid Waste: City of Kalispell or private contractor Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. IM a. Adequate Useable Space: The property is approximately 13,000 square feet in size and contains an existing building approximately 1,664 square feet. The site is level and there is adequate space on the site for the proposed building and accompanying parking lot. b. Adequate Access: The property is accessed off of West Center Street, an approximately 34 foot wide city street. An alternate access is provided on the south end of the property. This access utilizes an alley easement through the property to the east and connects with an existing alley. The existing access is adequate to serve the proposed building and staff associated with the painting operation. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. d. Height, bulk and location of structures: The proposed building is well under the maximum permitted height limit of 40 feet in the B-2 zone. The building will meet all applicable setbacks and will fit in with the existing commercial and light industrial buildings in the immediate area. a. Parking Scheme: The existing building on the property is approximately 1,664 square feet in size. The proposed building will have an enclosed space of approximately 2,400 square feet with a ten foot covered parking area/storage area on the south side of the building. The total square footage for both buildings would be slightly over 4,000 square feet. Section 27.24.050 of the zoning ordinance provides the minimum amount of off-street parking spaces required for specific uses. The use of the current building and proposed building would place them under the warehouse and storage category requiring one space per 2,000 square feet of gross floor area. A portion of the proposed building will be used for office use, approximately 250 square feet, in addition to storage. This office area will also be calculated under the warehouse and storage category, which requires two off-street parking spaces. Based on the warehouse and storage category a minimum of four off-street parking spaces will be required on the property. A review of the parking lot plan included on the site plan has some issues that need to be addressed. The parking spaces shown are too small. The minimum parking space size is 9' x 20'. In addition, one space must be a van accessible handicap space. This requires one 8' x 20' parking space and an adjacent 8' x 20' area for loading and unloading from the vehicle. The site plan also shows a wood fence along the entire length of the eastern property boundary. Although a majority of this boundary has a fence, the first 40 feet from the property boundary along West Center Street south does not have a fence but tall bushes. Section 27.24.030.2 (d)2 permits parking within the side setback area provided a sight obscuring fence or landscaping is in place. Based on the submitted site plan, a fence will need to be installed along a portion of the west property boundary to both permit the parking within the setback area and provide the perimeter security for the property. To address the issues listed above a condition of approval will require the owner to submit a revised parking lot plan to the planning department in accordance with section 27.24.030.3 of the zoning ordinance. The plan will need to be approved prior to issuing a building permit on the property. b. Traffic Circulation: Access to the existing building and parking area is provided by West Center Street. West Center Street is classified as a minor arterial street in the city's transportation plan. The amount of traffic generated currently on the site does not impact the function of Center Street. The proposed building may add several additional vehicle trips per day to the property but this amount will not negatively impact the street. C. Open Space: No specific open space requirements are required under the B-2 zoning district other than the required setbacks. The existing grounds provide for open space in the form of grass and landscaping on the north and west sides of the property, between the proposed building and adjacent city street and property line. d. Fencing/Screening/Landscaping: The site currently has some landscaping in the form of tall bushes along a portion of the east property boundary. Fencing consists of chain link fencing on the south side of the property and a wood fence along a portion of the east property boundary. The owner is proposing to continue the chain link fencing along portions of the west property boundary, east property boundary and on the north side of the property adjacent to West Center Street. The fencing along West Center Street will include a gate across the proposed drive aisle into the property. Landscaping is noted on the application however details were not provided at this time. The owner will be going through city's architectural review committee prior to any building permit approvals. The committee generally reviews landscape plans in conjunction with building permits and helps developers in determining the appropriate landscaping for the area. e. Signage: No signs have been proposed as part of the application. f. Lighting: Chapter 27.26of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial structures. As part of the building permit review for the proposed building, any outdoor lighting will need to comply with the outdoor lighting standards in the zoning ordinance. 5 a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use since it will be a business and not add to the number of school age children currently within School District #5. b. Parks and Recreation: There should be no significant impact on the parks and recreation programs and facilities as a result of this use. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed use. There are existing fire hydrants in the area to serve the property. The closest hydrant is located west at the southeast corner of the intersection of Meridian Road and West Center Street. This hydrant is approximately 155 feet west of the property. East of the property are two hydrants, one on the north side of West Center Street the other on the south side of the street, approximately 210 feet from the property. e. Water: City water currently serves the property. No significant impact on water services can be anticipated as a result of this use. f. Sewer: Sewer service is currently provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Storm Water Drainage: The city's stormwater standards require any new development which creates impermeable surface areas over 5,000 square feet must treat its stormwater on the property. Impermeable surfaces include new buildings or paved parking lots. The proposed project includes both. The size of the building and required paved parking spaces and drive aisle will increase the impermeable surface area on the property and will exceed 5,000 square feet. To meet the city's stormwater standards the owner will need to submit a stormwater plan to the public works department. The plan will need to show how stormwater will be treated and stored on the property. The plan will need to be approved prior to issuing a building permit on the property and implemented prior to receiving a certificate of occupancy for the new building. h. Solid Waste: This property is already being served by Evergreen Waste Disposal and will have no additional impacts on current services. i. Streets: West Center Street is classified as a minor arterial street in the city's transportation plan. The street itself has two travel lanes, one eastbound the other westbound, with very little sidewalks, curb or gutters from Meridian Road east to 5th Avenue WN. East of 5th Avenue WN, Center Street widens to three lanes and includes sidewalks on the south side of the street. When new commercial or industrial building projects are reviewed, city staff A look at the current condition of the adjacent street. If it is lacking a sidewalk, a boulevard or curbing this is typically placed as a condition on the project to install. This has been done on portions of West Center Street in the immediate area. The Les Schwab tire store, just east of the project site and on the north side of West Center Street, installed a sidewalk and boulevard along the businesses frontage of West Center Street. A stove shop, approximately three blocks east of the project site was also required to install a sidewalk and boulevard as part of the new commercial building being built on the property. However, no street improvements are being recommended for this project based on the limited adjacent street right-of-way. West Center Street has an approximate travel width of 34 feet from Meridian Road east to Sth Avenue WN. The right-of-way for the street varies in this section from 40 feet to 66 feet. In front of the project site the right-of-way is only 40 feet wide. This provides an area of approximately 2-3 feet from the back of the street curb to the street right-of-way boundary. This area is too narrow to consider requiring a sidewalk. Additional right-of-way would need to be acquired to construct a sidewalk. This is typically done through the subdivision process or by the city purchasing the needed right-of-way from the property owner. Right-of-way dedication is not within the scope of review for most conditional use permits and the impacts imposed to the street by the proposed use of the property do not warrant any such requirements. Therefore, staff has not placed any conditions on this project for installing a sidewalk or boulevard on the adjacent street due to the limited right-of-way. Figure 3: West Center Street right-of-way widths 7 4. Neighborhood impacts: The zoning ordinance provides the following list of impacts to consider when reviewing a proposed project which may be detrimental to abutting properties in particular and the neighborhood in general: • Excessive traffic generation ® Noise or vibration • Dust, glare, heat • Smoke, fumes, gas, or odors ® Inappropriate hours of operation The proposed building will be used for the storage of equipment and materials related to the painting business on the site. The proposed building will not generate excessive traffic or create additional noise or vibration. Dust, glare and heat will not be related to the proposed use and hours of operation are typically business hours, 8:00 a.m. to 5:00 p.m. Monday through Friday. The one issue the planning department has received complaints about is the odor from lacquer stains and oil based paints when the painting and staining is being conducted outside. This directly impacts the property owner immediately east of the site. Since the business began operating at this site the owner has indicated to planning staff that outdoor painting and staining of siding, doors, baseboard molding, etc. has occurred on the property. The owner stated that the outdoor painting and staining is generally done during warmer months, starting around May and ending by September or October. The outdoor painting is done during business hours and may occur once or twice a week at the most. The owner stated that they prefer to do all of the work at the job site for logistical reasons, however, this becomes difficult when they are on a residential job site. The owner estimates residential jobs make up about 10% of the business. Staining and painting of doors and trim at the residence is sometimes not practical and in these instances it is done at the business location. The neighboring property owner immediately east of the painting business owns and lives in the house with her family. She does not like the odors associated with the outside painting and staining because this occurs approximately 50 feet from her back door. She has discussed this with planning department staff and is requesting all painting and staining of materials, if it has to be done on -site, be conducted entirely inside with the appropriate ventilation system in place. The planning department is recommending the outdoor painting and staining of materials be moved further west, back behind the existing building on the site. This would provide a greater separation between the outdoor painting and the neighbor's home, approximately 110 feet. This location is also shielded from the neighboring residence by the existing building. The proposed outdoor painting and staining location is not adjacent to any existing residential homes. Figure 4 shows the current location (red) and proposed location (yellow). Planning department staff is reluctant to require the owner to install an indoor paint booth because the owner has conducted outdoor painting and staining on the property for the last 35 years. Staff does not believe the expansion of the site by way of an additional building for the storage of equipment and materials warrants a condition requiring the owner to conduct all painting and staining on the property inside. However, staff recommends the planning board weigh the issue of outdoor painting and staining as it relates to neighborhood compatibility and determine if an indoor painting booth should be a recommended condition of approval to council. Figure 4: Location of the existing outdoor painting area, shown in red, and the proposed outdoor painting area, shown in yellow with their approximate distance to the neighboring home S. Consideration of historical use patterns and recent changes: This area has historically included a mix of commercial and industrial business along with residential homes. Little has changed in the immediate neighborhood over the last 20 to 30 years. 6. Effects on property values: No significant negative impacts on property values are anticipated. The type of building proposed is typical of that found in the immediate neighborhood. Regarding the uses on the site, as previously mentioned, the neighboring property owner has a concern regarding the outdoor painting and staining of materials. A recommended condition of approval would require any outdoor painting and staining to be conducted at the southwest corner of the property, on the south side of the existing building. This location is adjacent to existing commercial businesses and furthest from the residential property. This should help to mitigate any negative impacts the current use has on the adjoining property and possible effects on the property value of that home. I ZI —YO[OW-10-1 The staff recommends that the planning board adopt the staff report #KCU- 11-3 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: On -going conditions: 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. Upon completion of the new building all outside painting and staining of materials shall be conducted in the southwest corner of the property, on the south side of the existing building. 3. If a security gate is used on the property the owner shall install a Knox Lock at the gate in a location approved by the Kalispell Fire Department. Prior to the issuance of a building permit: 4. A parking lot plan drawn in accordance with section 27.24.030(3) of the zoning ordinance shall be submitted prior to the issuance of a building permit. The plan shall also include an approximate time for parking lot paving. The parking lot plan shall be reviewed and approved by the planning department. 5. A stormwater management plan designed in accordance with the city's stormwater standards shall be submitted to the public works department for review and approval. 11% Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com /planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: OWNER(S) OF RECORD: Name: Mailin€ City/State/Zip: I 1 SCX , ivy T 59904 Phone: 40(D -75off' k 31 PERSON(S) AUTHORIZED TO REPRE NT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT:..,,, e Name: MailinE City/State/Zip: J')aliSWk4S9O4 Phone: W0(0"DG3" Q9747 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec Town- Address: 'DSOC rST� No. l Noa i htAto Subdivision Tract Lot Block Name: No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: 'i. us % oess 3. 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within.. the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may �approv and other appropriate action taken. The signing of this application si ' ethe Kalispell Planning staff to be present on the property for routine monitoring d inspection during the approval and I - - 1-�. �-.. � "-L t Signature Date 2 916 -Whom.Tt -*'A4ay Concern: in accordance with items 2 and3 of the Ayytication Ter mityCease note: 2. Aditems dressed in Site P14n except: a. Sijrrounding landuses. i. -Wationalliama Registry 2. CommerciaCRentaCsyace including computer re air andaudio re I pair shop. 3. Chiroyractor 4. Truck Bedlitneryaint an accessory shop 5. fes Schivab Truck Center 6. Les Schwab 9'ire Center 7. TersonaCResidence 8. 23t-ock AyyCiance Repair Shoy 3. Ptease be advise dweyroy®se to buikCan ad&i.tionalshop ®. ouryroyerty locate dat]020 W Center Street is is usedby Hagestad Painting andCain gs Inc. The new sty® yividbe use an office, storage a work shop. 91he type ofworkyerformedby our cony includes most construction retatedtasks but sec ializing in yainting, wafficovering,, drywadand waterproofing. Ttease be advisedour coo _performs wedover 95% of our work at individual job sites teaving signffiicantCy tess than 5% of work to be_performedat our shop. 'we strive to_perform, -.0 Re4se -1 LN n 0, Iz L ME 10 7 ti� 0 d 5➢F B � DF a 5F BB VICINITY MAP SCALE 1" = 100' EDWARD "MICK" HAGESTAD/HAGESTAD PAINTING/DRYWALL & COATINGS, INC. REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A CONTRACTOR'S STORAGE BUILDING IN A B-2 (BUSINESS) ZONE. THE PROPERTY IS LOCATED AT 1020 WEST CENTER STREET. PLOT DATE 9/13/11 FILE # KA -11- 0 3 H:\gis\site\kall_03 — Hagestad CUP.dwy � .I;r:: ?? 2 X"f: - « d v±z»1»y fv}+1 ? y * + ��#���■�»:���■� °,lie undersigned certify that 1did this at mail via L}:»1 Clas ai < copy of the attached noticeo h following is o landowners v¥�+:*i*1 h «* L*«» +< :¥r property * «Sale °conditional>use permi t icc* p<++w. < requested. Date: ?<»«<\L*» 2<>ct 2 # 2 ± ±<+ftd < + x*z<»<# y +zr Edward ages >¥ P.O. Box 2}E} m\\x\e\ MT»**++ E. Mick, Patty ages =¥ Katie » Kelso+ Ramey P.O. Box 11262 »allow» MT 299+X Edward Hagestad P.O. Box 7111 Kalispell, MT 59904 SFP-B Limited Partnership P.O. Box 5350 Bend, OR 97708 Willy, LLC 5 South Meridian Road Kalispell, MT 59901 Jeanine Danielson Patricia Treat & Kristy Wray Guardian 621 Shadow Lane Kalispell, MT 59901 Donald & Colleen Bulman, Jr. ADO/o Bear Paw Properties P.O. Box 3001 Kalispell, MT 59903 E. Mick, Patty Hagestad Nancy Howell Katie &, Kelson Ramey 2585 US Highway 2 West P.O. Box 11262 Kalispell, MT 59901 Kalispell, MT 59904 International Llama Registry Walter & Cynthia Block 11 1/2 South Meridian Road 1424 Sth Avenue West Kalispell, MT 59901 Kalispell, MT 59901 Mower Development, LLC Bradley & Cathy Fabel 607 Sanctuary Farm Lane 1030 West Center Street Kalispell, MT 59901 Kalispell, MT 59901 Joseph Malach Melvin & Phyllis Carr 318 South Meridian Road 815 Sherman Road Kalispell, MT 59901 Kalispell, MT 59901 Lynn Sterling David & Pamela Fairbank 36 1 Oth Avenue West 320 Gray Lane Kalispell, MT 59901 Kalispell, MT 59901 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or visit our website at www.kalispell.com/pllanning under "Planning Board Projects". Written comments may be submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at planning@—kalispell.com. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION OCTOBER 11, 2011 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, October 11, 2011 beginning at T, PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. l . A request from the State of Montana Department of Military Affairs to annex 19.77 acres of land and zone the land P-1 (Public) upon annexation. The property is the current location of the National Guard facility. The property is located on the east side of Highway 93 North, approximately one mile north of the intersection of Highway 93 North and West Reserve Drive. The property addresses are 2987 and 2989 Highway 93 North. The 19.77 acre site can be legally described as Tract 2 as shown on Certificate of Survey No. 8594 located in Section 19, Township 29 North, Range 21 West P.M.M Flathead County, Montana. 2. A request by Edward (Mick) Hagestad for a conditional use permit to allow the construction of a 40' x 70' (2,800 square foot) building to be used for the storage of equipment and materials associated with the painting business currently occupying the property. The painting business is housed within a building on the south side of the property which will remain. The proposed 2,800 square foot building would provide a small office area and bathroom on the north end of the building. The remaining building footprint will house equipment and materials associated with the painting business. The property is zoned B-2 (General Business) which requires a conditional use permit for the use of the property as a contractor's storage yard. This would include using a building for the storage of equipment and materials associated with a contractor's business. The property is located at 1020 West Center Street, on the south side of the street, approximately 250 feet east of the intersection of South Meridian Road and West Center Street. The property is approximately 13,000 square feet (0.3 of an acre) in size and can be described as Assessor's Tract 5DEA located in section 18, Township 28 North, Range 21 West P.M.M Flathead County, Montana. Mr. Hagestad has also indicated future expansion plans to the property immediately south. These plans include leasing or purchasing an area approximately 66' x 108' to be used for a covered storage area and outside work area, weather permitting. This future expansion area is not part of the requested conditional use permit application. Should Mr. Hagestad pursue expanding his business south he will need to apply for either an administrative conditional use permit or standard conditional use permit depending on the size of the expansion area. STATE OF MONTANA FLATHEAD COUNTY VIT OF PUBLICATION IELLE ROONEY BEING DULY RN, DEPOSES AND SAYS: THAT HE IS THE 1L CLERK OF THE DAILY INTER LAKE A Y NEWSPAPER OF GENERAL CIRCULATION, TED AND PUBLISHED IN THE CITY OF SPELL, IN THE COUNTY OF FLATHEAD, °E OF MONTANA, AND THAT NO. L � to $C) AL ADVERTISMENT WAS PRINTED AND ISHED IN THE REGULAR AND ENTIRE ISSUE AID PAPER, AND IN EACH AND EVERY COPY ;EOF ON THE DATES Of af4. 0.5 , Zb)% . I THE RATE CHARGED FOR THE ABOVE 1TING DOES NOT EXCEED THE MINIMUM 4G RATE CHARGED TO ANY OTHER ERTISER FOR THE SAME PUBLICATION, IN THE SAME SIZE TYPE AND PUBLISHED THE SAME NUMBER OF INSERTIONS. & 11)y Subscribed and sworn to Before me this September ;L6 , 2011 AGil ---------- -- Dorothross Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2013 LGtglc9 DOROTHY I. GLENCROSS SON �OTA9iyr N NOTARY PUBLIC for the * SEAL * State of Montana Residing at Kalispell, Montana f �c� MY Commission Expires eo(MoSeptember 11, 2013 i